Former City of Joburg mayor Mpho Phalatse is seeking a personal cost order against newly-elected Speaker Colleen Makhubele as she fights to return to office.
Phalatse recently filed papers at the Johannesburg High Court to have a council meeting, which saw her removed as the City’s mayor, declared invalid.
The Democratic Alliance (DA) member was voted out during a motion of no confidence vote on 30 September, after her urgent interdict to stop the council meeting was struck off the court roll on the same day.
With her application set to be heard by the High Court on 18 October, Phalatse insisted that the legal battle was not about wanting to keep power and maintained her stance that the council sitting was unlawful.
“I want to again reiterate that this is not about the positions we hold or once held, this is about the rule of law. Whether we go back into government is one issue, but our removal from government and the preceding events were illegal,” she said during a media briefing on Monday, 10 October.
The former Joburg mayor said she would challenge Makhubele’s resolution to call for a council meeting as well as the decision to adopt a motion of no confidence against her.
ALSO READ: ‘Accusations nothing but a smokescreen’: Phalatse says there’s no rift within DA
She added that she would also seek a cost order and a personal cost order on Makhubele, who presided over the chaotic sitting which experienced numerous interruptions and points of order.
“This is a fight for Joburg, the rule of law, residents and service delivery. Service delivery will collapse under the illegally installed government, as the taps of corruption that we closed, will be re-opened until there is nothing left,” Phalatse continued.
Phalatse pointed out that they asked the High Court to set aside all decisions taken by the ANC’s Johannesburg regional chair, Dada Morero, since he was appointed mayor.
“We have just heard that this current illegal administration has called for all board decisions or actions to be put on hold and they gone and advertised for new board members for the entities in the City of Johannesburg. We believe that this is done to facilitate their corrupted agenda,” she said.
The ANC, meanwhile, has already confirmed that the regional party would oppose the DA’s application and that it was confident that it would successfully defend the matter in court.
Phalatse also addressed the allegations of corruption and maladministration leveled against her by the ANC.
This relates to a payment to non-profit organisation (NGO), Field Band Foundation, which provided services to the metropolitan municipality for more than R11 million in 2017.
“This not a new matter, it’s a very old matter… it happened when I was serving as the MMC for Health and Social Development. The matter was brought to council so there was no need to be brought to council again,” she said.
The DA member explained that the matter was investigated by the Hawks and even participated “as a witness rather than an accused”.
READ MORE: We told our lawyers to expect ANC’s papers, says Phalatse on corruption accusations
“I sat in lengthy interviews with the Hawks three times… One in my office, one in their office in Johannesburg and another in their office in Tshwane and I haven’t heard back from the Hawks ever since,” Phalatse said.
She further highlighted that the Public Protector’s office also released a report on the matter, “where I was not even mentioned”.
“I am also aware that the matter is sub-judice as Mr Herman Mashaba, the former mayor, took the Public Protector to court to challenge her report. I just thought to share some clarity on this allegation that I was corrupt,” former Joburg mayor added.
The City’s new members of the mayoral committee (MMC) were officially sworn in on Monday.
This comes after Morero, on Saturday, announced his MMCs which five members of the ANC and five others from the smaller parties.
“Congratulations to our MMCs sworn in today. The responsibility is big. The journey of local government has gone through a number of challenges and we cannot behave like there’s no battle to fight.
“This government that has been established today will adhere to the principles of good and clean governance,” Morero said during the swearing-in ceremony.
NOW READ: ANC plotting to take other Gauteng metros after snatching Joburg from DA
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